Wrong I94 expiry date on I797 (H1B)

[shekar24]

Hi all,

My company recently applied for H1B amendment and I got the approval notice as well. The end date on top section(visa) is correct which is 31st-Dec2021 but the I94 expiry date seems to be wrong which they have given only until 10th-Jan2021.

So, my current I94 according to this I797 expires in coming January. However my attorney believes that it seems to be a typo from USCIS as the end date and month are correct but only the year is wrong. She raised e-request 2months back but USCIS is taking longer time than we anticipated. Also, my attorney suggests that I wont be out status even if they don't respond by Jan2021 as it is a simple typo by USCIS.

Can you please suggest if you have any inputs on this? Will I be out of status? Or would you suggest me to step out of country and come back? Or is there any way I can fix it?

My online I94 expiry is until Jan 2022 as I went to India in past December and visa was stamped for until Dec 2021 with my previous employer's I797.

Appreciate your time!!

Edited December 15, 2020 by shekar24

[rksingh]

Normally the replies on this forum should not second-guess your attorney's advice........However if you want to be really, really safe you can travel outside the country and come back since you already have a valid visa stamp.

[skbhatt]

Same issue with mine as we

On 12/14/2020 at 6:40 PM, shekar24 said:

Hi all,

My company recently applied for H1B amendment and I got the approval notice as well. The end date on top section(visa) is correct which is 31st-Dec2021 but the I94 expiry date seems to be wrong which they have given only until 10th-Jan2021.

So, my current I94 according to this I797 expires in coming January. However my attorney believes that it seems to be a typo from USCIS as the end date and month are correct but only the year is wrong. She raised e-request 2months back but USCIS is taking longer time than we anticipated. Also, my attorney suggests that I wont be out status even if they don't respond by Jan2021 as it is a simple typo by USCIS.

Can you please suggest if you have any inputs on this? Will I be out of status? Or would you suggest me to step out of country and come back? Or is there any way I can fix it?

My online I94 expiry is until Jan 2022 as I went to India in past December and visa was stamped for until Dec 2021 with my previous employer's I797.

Appreciate your time!!

Same problem happend with me as well. I only got I94 for 10 days on an I797-A with 3 year validity and my attorney thinks the same. Please let me know how you solved your issue.